No Fault Work Policy
Description
How to fill out No Fault Clause?
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FAQ
The reason for your absences ? your company cannot fire you for occasional absences due to illnesses, injuries, and emergencies. However, if you are regularly absent, you will need to have a doctor's note specifying the reasons for your sick leave.
These types of policies assign no ?blame? or attempt to account for the reason for the employee's absence, they simply count the number of times the employee is late or does not present for work.
This includes, but is not limited to, assigning points (or deducting from an allotted bank of time) under an absence control policy or system for legally-protected absences, such as those related to disability, pregnancy, sickness, and caregiving obligations.
One way many employers try to reduce costs of tracking unexcused absences is through ?no-fault? attendance policies, in which employees accumulate points for absences, tardiness, or early departures without assigning fault. Once employees hit a certain number of points, they can be disciplined, even terminated.
New York State recently passed a law prohibiting employers from considering any legally protected leave in making employee discipline decisions. ingly, employers using no-fault attendance policies in New York must review their processes and procedures to ensure compliance.